Legal Opinion
Calvanese v. Calvanese
New York Court of Appeals
Decided April 6, 1999PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In Cricchio v Pennisi (90 NY2d 296), this Court held that the Department of Social Services is entitled to satisfy a Medicaid lien placed on the proceeds of a personal injury settlement pursuant to Social Services Law § 104-b before a plaintiff may transfer those funds to a supplemental needs trust. * The ap peals now before us present a question left open in Cricchio: is the entire amount of a personal injury settlement available to satisfy a Medicaid lien, or only that portion of the settlement specifically allocated to past medical expenses?
The relevant…
2Cases cited5 opinions
- Cricchio v. PennisiNew York Court of Appeals · 1997
- Baker v. SterlingNew York Court of Appeals · 1976
- Costello v. GeiserNew York Court of Appeals · 1995
- Calvanese v. CalvaneseAppellate Division of the Supreme Court of the State of New York · 1998
- In re CallahanAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by42 opinions
- United States v. Baxter International, IncorporatedCourt of Appeals for the Eleventh Circuit · 2003
- Olszewski v. Scripps HealthCalifornia Supreme Court · 2003
- Grey Bear v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 2002
- Sullivan v. County of SuffolkCourt of Appeals for the Second Circuit · 1999
- In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2006
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